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MATEO v. IANNELLI CONSTR. CO. INC.

Index No. 23449/17. Appeal No. 14955. Case No. 2021-01282.

201 A.D.3d 411 (2022)

156 N.Y.S.3d 721

2022 NY Slip Op 00010

Joseph Mateo, Respondent, v. Iannelli Construction Co. Inc., Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 4, 2022.

Attorney(s) appearing for the Case

Wilson Elser Moskowitz Edelman & Dicker LLP, New York ( Patrick J. Lawless of counsel), for appellant.

Paul H. Schietroma, P.C., Brooklyn ( Paul H. Schietroma of counsel), for respondent.

Concur—Gische, J.P., Singh, Mendez, Shulman, Pitt, JJ.

Plaintiff fell after trying to climb over an air duct that was left on the floor as part of the demolition work his employer was subcontracted to perform. Accordingly, the air duct constituted an integral part of the work, and 12 NYCRR 23-1.7(e)(2) as a predicate for the Labor Law § 241(6) claim is inapplicable (see Appelbaum v 100 Church, 6 A.D.3d 310, 310 [1st Dept 2004]). Contrary to plaintiff's contention, defendant properly...

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